Positions of Trust
As one of our key manifesto asks, Thirtyone:eight are calling for the introduction position of trust legislation in Scotland and Northern Ireland to consider all environments where 16- and 17-year-olds engage with adults who have a position of responsibility over them.
"Positions of Trust legislation in Scotland and Northern Ireland is primarily focused on roles within statutory services. It doesn’t include other areas where children engage with adults such as tutors, church groups, or sports groups. We'd like to see equal protection for children across the UK.”
- Justin Humphreys, Joint-CEO, Thirtyone:eight
The Opportunity
Children and young people receive care or support services from adults in various settings. These adults are in a unique and important relationship with the children they interact with. Existing Positions of Trust legislation (in England, Wales and Northern Ireland) gives children and young people a level of protection by acting as a powerful deterrent and holding these adults accountable if they exploit their position towards a child to sexually abuse them. For this to be effective, it needs to apply to any role that holds a similar level of trust and responsibility across all sectors and settings.
The Challenge
The existing scope of Positions of Trust legislation in Scotland and Northern Ireland is very limited, primarily centered on a list of roles within statutory services. It doesn’t currently include other key areas where children engage with adults regularly, leaving them without statutory protection across similar settings. There is an opportunity to extend the definition further to include other settings such as faith and sport, as has already been done in England and Wales.
Our Recommendations
Scotland and Northern Ireland:
- Update Positions of Trust legislation in Scotland and Northern Ireland to consider all environments where 16- and 17-year-olds engage with adults who have a position of responsibility over them and to replace the current list of potential settings and roles by making the nature and the context of the relationship between the adult and child the factor which brings a role under the scope of law.
Scotland:
- Align legislation in Scotland with the amended position in other nations (England, Wales and Northern Ireland) in the UK, to incorporate sport and faith roles within Positions of Trust law.
